STAFF REPORT

Operations Committee, October 2, 2008

Animal Ordinance Amendment (PD09-003)

Consideration of proposed changes to Ordinance Sec. 6-3, Definitions, Ordinance Sec. 6-63, Exotic or Wild Animals, and Ordinance Sec. 6-137, Disposition of Unredeemed Animals

Speaker:  Deputy Chief Barry Nickalson
 

From:  Chief Pat Bazemore                       
Prepared by:  Major Tony Godwin
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

The police department recently conducted a comprehensive review of the Animal Ordinance.  Only a few, minor adjustments were identified as being necessary in order to ensure that we are delivering the best service to the citizens of Cary.

In Ordinance Sec. 6-63, Exotic or wild animals, the police department recognizes the need for an addition to the ordinance to identify large, constricting snakes as an exotic or wild animal.  This section also identifies a need for advance notice when bringing an exotic or wild animal into the corporate limits.  And finally, this section limits the amount of time in which to report certain events related to exotic or wild animals. In Ordinance Sec. 6-137, Disposition of unredeemed animals, the request is to allow legitimate rescue groups to adopt abandoned animals, in addition to the other, approved methods of disposal as outlined in the ordinance.  The Town of Cary Attorney, UNC School of Government Attorney Aimee Wall, and the Police Department’s contracted legal service Smith, Rodgers, and Strickland, were all consulted on the requested changes.

Sec. 6-3. Definitions

              For the purposes of this chapter, the following words and phrases are defined and shall be construed as set out below, unless it is apparent from the context that a different meaning is intended:

              Abandon means to intentionally, knowingly, recklessly or negligently leave an animal at a location for more than 48 consecutive hours without providing for the animal's continued care.

              Adequate feed means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a sanitized receptacle, dish, or container.

              Adequate shelter means an enclosure sufficient to provide shelter from extremes of weather and a means to remain cool, dry and comfortable. Adequate shelter should consist of at least three solid sides, a roof and a floor with bedding be ventilated and have sufficient room for an animal to move about freely and lie down comfortably.

              Adequate water means the provision of, or ready access to, a supply of clean, fresh, potable water provided in a sanitary manner 24 hours a day.

              Animal means every vertebrate nonhuman species of animal, wild or domestic, male or female, including, but not limited to, dogs, cats, livestock and other mammals, birds, reptiles, amphibians and fish.

              Animal control officer or officer means persons charged by the town with enforcing all sections of this chapter and applicable state laws.

              Animal control shelter means any holding or other facility designated by the town manager, or designee, for the detention of animals.

              Animal under restraint or under restraint means any animal confined within a vehicle; any animal confined, by means of a secure enclosure or an electronic enclosure, within the real property limits of its owner; or any animal secured by leash or lead, cage, bridle or similar physical restraint sufficient to allow the animal to be controlled. Electronic leashes or training collars do not constitute restraint.

              At large means any animal found off of the property of its owner and not under restraint or any animal previously determined to be dangerous or potentially dangerous that is not under restraint when off the property of its owner, or is not confined to a secure enclosure while on the property of its owner. Any animal off the owner's property and on an electronic leash or training collar shall be considered at large.

              Bite means the act of an animal seizing flesh with its teeth or jaws, so as to tear, pierce or injure the flesh.

              Cats means domestic felines.

              Dangerous animal means any animal whose behavior creates a reasonable risk of injury to a human or animal or damage to personal or real property. This behavior includes, but is not limited to, an animal's biting or attacking or attempting to bite or attack a human or other animal, provided however, this definition shall not apply to any animal that has been subject to provocation nor shall it apply to any animal responding to a trespass, as trespass is defined in this chapter, upon the animal owner's premises, if the victim is the trespasser.

              Dog means domestic canines.

              Domestic animal means those species of animals that normally and customarily share human habitat in Wake County and are normally dependent on humans for food and shelter in Wake County, such as, but not limited to cats, dogs, cattle, horses, swine, fowl, sheep and goats.

              Electronic enclosure means underground electrical wire which, when used in connection with a pet collar or other device, keeps cats or dogs confined within the limits of the wire on private property. A sign that complies with the requirements of the Cary sign ordinance should be posted stating that an electronic fence is in use at the entrance to the driveway on the property.

              Exotic or wild animal means any animal which is not usually and customarily kept as a pet or domestic animal. A hybrid of any such animal, regardless of genetic percentages, shall be deemed exotic or wild. Examples of exotic or wild animals include, but are not limited to, any animal for which a federal or state permit or license is required, and such animals as lions, tigers, wild cats, wolves, bears, apes, monkeys and raccoons. Also included in this definition are dangerous reptiles such as alligators and poisonous reptiles and any constricting snake greater than four (4) feet in length or twenty (20) pounds in weight.

              Impoundment means possession or seizure of an animal by the animal control unit for placement in the animal control shelter or other appropriate facility.

Immediately means at once, very close in time.

              In estrus means a female animal in what is commonly called "heat".

              Inoculation means the administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator.

              Kennel, dealer, or breeder means any person, partnership or corporation engaged in buying, selling, breeding or boarding animals.

              Nighttime means the time each day from sunset until sunrise.

              Owner means any person, group of persons, or any entity owning, keeping, harboring, possessing or acting as keeper or custodian of an animal for 72 hours or more, unless the animal is boarded for a fee at a duly licensed facility.

              Owner's property means any real property owned or leased by the owner of the animal, but does not include any public right-of-way or a common area of a condominium, cluster home, apartment complex, or townhouse development, nor does it include the common area of a subdivision or other housing project. A motor vehicle is not a part of the owner's property unless it is physically located on the area described in a deed of conveyance or the area described in a lease. A motor vehicle that is physically located in or on any common areas as described above, or on any other public areas shall be treated as being off of the owner's property.

              Person means and includes any individual or any legal entity, including nonprofit corporations.

              Poisonous reptile means any reptile, such as a snake or lizard, that has the capability of injecting humans or animals with venom which may cause death or physical injury.

              Provocation does not include any actions on the part of an individual that pertain to reasonable efforts of self-defense, and provocation must be clearly established.

              Secure enclosure means an enclosure from which an animal cannot escape by means of digging under or jumping over the enclosure, or otherwise becoming free unless freed by the owner. Neither a motor vehicle nor an electronic enclosure shall constitute a secure enclosure.

              Trespass means that the victim has wrongfully invaded the property of the owner. The reason the individual is on the property and any other relevant circumstances shall be considered in order to determine whether or not a trespass has occurred. A child under the age of seven shall not be deemed to be a trespasser.

              Weekdays means Monday through Friday, inclusive, excluding local, state and national legal holidays.

(Code 1982, § 4-3; Ord. No. 01-022, § 1, 11-8-2001)

Secs. 6-4‑‑6-24. Reserved.

Sec. 6-63. Exotic or wild animals.

(a) Notification.

(1)  For the purpose of this section “notify” means calling the animal control unit during normal business hours, or the police department during non-business hours, and speaking with a staff member. 

(2)  At least 24 hours prior to importing, locating or placing an exotic or wild animal within the corporate limits of the town, the owner of the animal shall notify the animal control unit or the police department.  At the time of notification, the owner shall also provide copies of any required federal or state permits for the exotic or wild animal.

(3)  Immediately (and in no event beyond one (1) hour) following any of the following incidents involving an exotic or wild animal, the owner of the animal shall notify the animal control unit (or the police department) about the incident:

The owner of any exotic or wild animal shall notify the animal control unit as soon as practicable, but in no event later than 24 hours, after any of the following events:

              (1)         The importing, locating or placing of an exotic or wild animal within the corporate limits of the town. The owner shall also provide to the animal control officer for inspection, any required federal or state permits for the exotic or wild animal;

              (2) (a)    An assault, attack or biting upon any human being committed by an exotic or wild animal;

              (3) (b)    An attack or biting upon any domesticated animal or pet by an exotic or wild animal if the injured domesticated animal or pet is not also the property of the owner of the exotic or wild animal;

              (4) (c)    The destruction of, or damage to, property of any other person committed by an exotic or wild animal;

              (5) (d)    The roaming or escape of an exotic or wild animal that is required to be restrained or confined.

(b)         Permit required to own; confinement and control. It shall be unlawful for any owner of any exotic or wild animal to keep or maintain any such animal within the town unless any required federal and/or state permits have been obtained and are currently valid for the time period and circumstances under which the exotic or wild animal will be maintained within the town, and the animal is:

              (1)         Confined within a humane and secure enclosure, as approved by the animal control officer, in accordance with humane practices; or

              (2)         Securely muzzled, if required, and under restraint by a competent person who, by means of a leash, chain, rope or other device suitable to adequately restrain the particular exotic or wild animal, has such animal firmly under control at all times

(c)         Confiscation. Any exotic or wild animal which is not properly restrained or secured as required by this section, or which has injured or endangered any person or property, or which does not have currently valid federal or state permits, may be confiscated by any animal control officer or police officer and kept and harbored at the expense of the owner determined to be in violation of this section.

(d)         Slaying of animal in certain circumstances. Any exotic or wild animal which has escaped, is running at large, or is otherwise deemed to be a continuing threat to the public safety may be slain by any police officer or animal control officer if attempts to capture the animal are unsuccessful or if immediate capture is not practical or reasonably possible.

(e)         Penalty. Notwithstanding any other provision of this chapter to the contrary, and in addition to confiscation of the animal as set forth above, violation of this section shall constitute a misdemeanor. A police officer or animal control officer may initiate the criminal process.

(Code 1982, § 4-11; Ord. No. 01-022, § 1, 11-8-2001)

Sec. 6-137. Disposition of unredeemed animals.

(a)         Deemed abandoned. At the end of the minimum time period indicated in section 6-135, unclaimed animals shall be deemed abandoned and shall be disposed of in a humane manner. The animal may be destroyed in a humane manner or the animal may become the property of the animal shelter or may be offered for adoption to a legitimate rescue group or and may be offered for adoption to any responsible adult who complies with the provisions of this chapter. Such animal may be adopted or purchased by the first person who pays the adoption or purchase fee. No rabies vaccination fee will be required for animals sold to dealers licensed pursuant to the United States Department of Agriculture's Animal Welfare Act.

(b)         Spaying/neutering. Animal control may recommend that all adopted female dogs and cats released from the animal shelter be spayed and that all adopted male dogs and cats released from the animal shelter be neutered.

(Code 1982, § 4-33; Ord. No. 01-022, § 1, 11-8-2001)

Adopted Date:                  10/16/2008

Effective Date:    10/16/2008

Fiscal Impact:  None

Staff Recommendation: 

Based on a comprehensive review of the current animal ordinance, staff recommends section 6-3, 6-63, and 6-137 of the Cary Code of Ordinances be amended as outlined above.